Law Offices of Geil S. Bilu, PA

House Stealing, Title Defects, and Lien— Oh My! How We Clear Them Before Your Broward County Closing

Law Offices of Geil S. Bilu, PA · September 19, 2026 ·

Title defects and liens are recorded problems — an old debt, a forged deed, a missing signature — that can legally stop a Florida real estate closing until they’re cleared. Broward County’s Property Appraiser has spent the past several months urging residents to sign up for a free fraud-alert program, and Florida Realtors reported in July 2026 that AI tools are making the underlying problem worse. Neither of those headlines is about a lawsuit or a courtroom drama — they’re about paperwork, and paperwork is exactly where a real estate closing lives or dies. If a deed, a lien, or a judgment on your property’s title history isn’t what it appears to be, it doesn’t matter how good the rest of your deal is. Here’s what’s actually happening right now, and what it takes to clear a title problem before it derails your closing.

AI-Driven Deed Fraud Is Making an Old Problem Faster

Artificial intelligence is now being used to generate forged deeds, fake closing documents, and deepfaked or voice-cloned impersonations of real property owners. Deed fraud and forged-document schemes aren’t new, but Florida Realtors reported in July 2026 that AI is changing the mechanics of how they happen — fraudsters use AI tools to create convincing forged signatures, fake closing documents, and fabricated identification, plus deepfake or voice- cloning technology to impersonate an actual owner over the phone or in a video call. The properties most often targeted are the ones nobody’s watching closely: vacant homes, out-of-state owned properties, homes with no mortgage left on them, and homes owned by older adults or owners going through financial difficulty.

The legal fallout from these schemes varies. A deed that was outright forged is generally void from the start, but “void” doesn’t mean the problem fixes itself — clearing it from the public record still requires a formal legal action. A deed obtained through deception rather than forgery is often only voidable, meaning it can become significantly harder to unwind once the property changes hands again. Either way, the property can’t close cleanly until the record is fixed.

What Is Broward County’s Owner Alert Program? A Free Early-Warning Tool

Owner Alert is a free notification service from the Broward County Property Appraiser’s Office that emails or texts a property owner any time a document changing ownership is recorded against their property. Property owners register with their name and property ID, and the system flags a filed deed or ownership change with the County the moment it’s recorded. It’s a genuinely useful early-warning system — if someone tries to file a fraudulent deed on a property you own, you find out fast instead of finding out at your own closing table months later. But the County’s own program page is upfront about its limits, as of this writing: Owner Alert “is not a substitute for a title search,” and it can’t determine on its own whether a filed deed is legitimate or fraudulent. It tells you that something was recorded — not whether it’s a problem, and not what to do about it if it is. That’s the gap between a helpful notification and an actual legal resolution, and it’s exactly where a title review by a Broward County real estate attorney comes in, both before a closing and after a fraud alert fires.

What we’d tell every client: sign up for Owner Alert if you own property in Broward County — it costs nothing and takes five minutes. Just don’t mistake it for a title search, and don’t wait to get a professional opinion if it ever flags something you didn’t authorize.

What Are the Most Common Title Defects and Liens Before a Florida Closing?

The most common title defects we clear before a Broward County or Sunrise, FL closing fall into five categories: unreleased old mortgages, prior-owner judgments and liens, probate-related gaps, defective deeds, and outright deed fraud. Deed fraud gets the headlines, but it’s far from the only thing that clouds a title. In roughly 20 years and an estimated 6,000 closings, here’s what actually shows up most often:

Old mortgages that were paid off but never properly released. A prior lender gets paid at a past closing, but the satisfaction of mortgage is never recorded — or is recorded incorrectly — leaving what looks like an active lien on a property that’s actually been paid off for years.
Judgments and liens attached to a prior owner. A judgment against someone who owned the property years ago can sometimes attach to the property itself depending on timing and Florida’s judgment-lien rules, surfacing unexpectedly during a title search on an otherwise unrelated sale.
Probate-related title issues. When an owner passes away, property doesn’t always transfer cleanly, especially without a will or with heirs who never formally addressed the estate. These issues can sit dormant for years until a sale forces the question.
Errors in legal descriptions and improperly prepared or recorded deeds. A misdescribed parcel boundary, a missing signature, or a defective acknowledgment on a deed recorded decades ago can still create a real problem for today’s buyer.
Fraudulent or forged deeds — the category made more dangerous by the AI-driven tactics described above.

How Title Defects Are Resolved: Corrective Deeds vs. Quiet Title Actions

Most title defects in Florida are cleared administratively with a corrective deed or lien release; a formal quiet title action in court is reserved for defects that can’t be resolved that way. When a defect can be cleared administratively — obtaining a corrective deed, tracking down a lender to record a satisfaction that was missed, negotiating a lien payoff or release — that’s the faster and less expensive path, and it’s where most title issues actually get resolved. When a defect can’t be cleared that way, particularly with old, unreleased claims or a genuinely disputed ownership history, a quiet title attorney in Florida files a quiet title action — the formal court process used to establish clear, marketable title once and for all. It’s a more involved process, but it’s what stands behind a title insurance policy that actually protects a buyer or lender going forward.

This is also where Florida’s newer fraud law fits in. As we covered in our recent post on this year’s legislative session, HB 1293 makes it a felony to occupy or claim residential property using a forged deed or false identity, effective October 1, 2026, and gives property owners a faster path than a standard eviction once fraud is established. That law strengthens the criminal side of these cases — it doesn’t replace the civil title work of actually clearing the record, which still has to happen before a sale can close.

Quick Answers: Title Defects, Liens & Deed Fraud in Broward County

What is a title defect?

A title defect is any recorded problem — an unreleased mortgage, a lien, a probate gap, or a fraudulent deed — that clouds legal ownership of a property and must be resolved before a sale can close.

Is Broward County’s Owner Alert program free?

Yes. Registration is free through the Broward County Property Appraiser’s Office and takes about five minutes; it is not a substitute for a title search.

Do all title defects require going to court?

No. Most are cleared administratively through a corrective deed or lien release. A quiet title attorney in Florida is only needed for the smaller share of cases where a formal court action is the only way to resolve the defect.

The Bottom Line: When to Call a Real Estate Attorney

None of this changes what a title company alone can catch — and none of it should. A title search finds what’s recorded. Resolving what it finds, especially anything involving a forged document, an old unreleased lien, or a probate gap, is a legal problem, not a paperwork problem, and it’s exactly the work a Broward real estate closing attorney does before you ever get to the closing table.

If you’re buying, selling, or refinancing in Sunrise, FL or anywhere in Broward County and a title search has come back with something that needs resolving — or if Broward County’s Owner Alert has ever flagged something you didn’t recognize — a free, confidential consultation is the fastest way to find out what you’re actually dealing with. Call 954-580-2092 or request a consultation online. The Law Offices of Geil S. Bilu, P.A. has served as a real estate attorney in Sunrise, FL for over 20 years, and as a quiet title attorney in Florida, clearing exactly these kinds of title defects and liens before closing is core to what we do.

This post is for general informational purposes and is not legal advice. Program details and legal information are current as of September 2026 and drawn from the sources cited below; consult an attorney about your specific title or closing situation.

Sources

Florida’s 2026 Legislative Session: What South Florida RealEstate Buyers, Sellers, and Associations Need to Know Now

Law Offices of Geil S. Bilu, PA · August 31, 2026 ·

Every legislative session in Tallahassee produces headlines, but most of them never touch an actual closing table. This year is different. Between a new felony for lease and occupancy fraud, a batch of condo and HOA governance reforms, and a change to how property taxes get disclosed on listing sites, the 2026 session produced several changes that Broward, Palm Beach, and Miami-Dade County buyers, sellers, and community associations will feel directly — one of them already, and another as soon as this fall.

Here’s a plain-language rundown of what actually passed, what didn’t, and what it means if you’re closing on a property in the coming months — from the perspective of a real estate closing attorney in Broward County who reviews contracts and title against exactly these kinds of changes everyday.

1. New Felony for Lease and Occupancy Fraud: HB 1293 (Effective October 1, 2026)

Squatting and forged-document scams remain a real headache across South Florida, but it’s worth being precise about which tool covers which scenario, since the two are easy to conflate. For a true no-lease squatter — someone occupying a vacant investment property, inherited home, or
seasonal residence where no rental agreement exists at all — F.S. 82.036 has provided a fast, lawsuit-free sheriff-removal path since 2024, and HB 1293 doesn’t extend or change that reach.

What HB 1293 actually adds, starting October 1, is narrower and specific to leases: it creates a new felony under F.S. 817.537 for entering or occupying a residential dwelling using forged documents or a false identity — a forged lease, a fabricated ID, falsified income or qualifying documents used to obtain or maintain a tenancy — and it gives landlords with an actual rental agreement explicit grounds to terminate under F.S. 83.56 once that fraud is discovered. It’s a landlord-tenant fraud statute, not an expansion of the vacant-property squatter law.

Why it matters: For landlords, this closes a real gap — a tenant who lied their way into a lease, or who is occupying under a forged one, now carries felony exposure rather than just a civil eviction risk, exactly the kind of scenario a Fort Lauderdale landlord-tenant attorney or a West Palm Beach real estate attorney gets called about. For true squatters with no lease at all, the tools haven’t changed — F.S. 82.036’s sheriff-removal process, not this new statute, is still what applies. And on the title side, forged-deed fraud in the ownership-transfer sense continues to be a matter for careful title examination and the state’s existing forgery and fraudulent-recording statutes; HB 1293 doesn’t reach that scenario either. Worth confirming with counsel which tool actually fits before advising a client on next steps — the right process depends heavily on whether a lease, a forged deed, or neither is involved.

2.Property Tax Estimates Are Coming to Listing Platforms: HB 7031E (Effective February 1, 2027)

Starting in 2027, online listing platforms will be required to display an estimated post-sale property tax figure — either linked to the county property appraiser’s site or calculated using a standardized formula. Notably, the law shields real estate licensees and listing platforms from liability if that estimate turns out to be inaccurate.

Why it matters: Buyers regularly underestimate what their tax bill will actually be after a sale resets the assessed value (Florida’s Save Our Homes cap doesn’t transfer with the property). This should reduce surprises at the closing table, but it also means buyers may come in with a specific number in mind from a listing site that no one is responsible for verifying — which is exactly the kind of gap a title and contract review should catch before contract, not after, whether you’re buying in Miami-Dade, Palm Beach, or Broward County.

3.Condo & HOA Governance Reform: HB 797 (Already in Effect as of July 1, 2026)

This one is worth flagging to any client currently working with a condo attorney in Florida or sitting on an HOA board, because unlike the other changes here, it isn’t coming — it’s already the law. HB 797 is the first comprehensive overhaul of Chapter 617, the Florida Nonprofit Corporation Act, since 1990 — and condos, co-ops, and HOAs are all organized under it. Notable changes, all in force since July 1: the minimum board size drops from three directors to just one for most nonprofits (501(c)(3) organizations keep the three-director minimum), board vacancies can now be filled by a majority of the remaining directors even if that leaves the board below quorum, a default one-year director term now applies when bylaws don’t specify a length, and courts gained clearer authority to remove directors for fraudulent conduct, gross abuse of position, or intentional harm to the association. The law also extends personal liability protection to directors and officers of all nonprofit corporations, not just certain 501(c) categories.

Why it matters: For boards, the vacancy-filling change alone is significant — associations that have struggled to reach quorum for board appointments now have a workable path forward, and have had one for nearly two months. For buyers evaluating a condo or HOA purchase anywhere from Boca Raton to Coral Gables, it’s worth knowing that association leadership already operates under somewhat different liability, term, and removal rules than it did a year ago — relevant if you’re reviewing board minutes or governance history as part of due diligence.

4.What Didn’t Pass — and Why It Still Matters

Two bills worth watching died this session: HB 657 would have allowed troubled HOAs to dissolve and created a state-funded dispute
resolution process. It passed the House but stalled in the Senate. SB 48 would have authorized accessory dwelling units (ADUs) in single-family zoning statewide. It passed the Senate 38-0, but died in the House over a specific sticking point: the Senate wanted to let cities ban ADUs from short-term rental listings, and the House wouldn’t accept that provision.

Rather than resolve the disagreement, lawmakers dropped the ADU language entirely from a broader housing package (HB 1389) that ultimately passed without it.

Why it matters: Both will likely resurface next session — ADU reform in particular is being described as a top legislative priority heading into 2027. For now, HOA disputes still have to work through existing (often slow) legal channels rather than a new state process, and ADU authorization
remains a local, city-by-city patchwork rather than a statewide right — something to flag for any client asking about adding a rental unit to their property in Miami-Dade, Broward, or Palm Beach County, where local rules vary block to block.

5.A Reminder Already in Effect: Condo/HOA Website & Disclosure Rules

Separate from this session’s new bills, an earlier requirement expanded under HB 913 is now fully in force and worth knowing before any condo purchase: condominium associations with 25 or more units (down from a previous 150+ unit threshold) must maintain an official website by January 1, 2026, and HOAs with 100 or more parcels have been required to do so since the start of 2025. The password-protected owner section must include the recorded declaration and bylaws, articles of incorporation, association rules, current and proposed budgets, year-end financial reports and monthly statements, and lists of executory contracts and vendor bids — plus approved meeting minutes and video recording links from the prior 12 months, posted within 30 days of the meeting.

Why it matters: All of that documentation belongs on the due diligence checklist a Miami-Dade title insurance attorney runs before a condo purchase closes — and if a listing can’t produce it or an association’s “portal” is missing pieces it’s now required to have, that’s worth flagging before contract, not after.

The Bottom Line

None of these changes are dramatic on their own, but together they shift several details that matter at closing: what criminal exposure now attaches to lease and occupancy fraud specifically, what tax number a buyer walks in expecting, what governance protections a condo board already operates under, and what disclosure documents should already be on the table before a condo sale closes.

None of it replaces a title review and contract review built around your specific transaction.

If you have a closing on the calendar or a condo/HOA purchase in due diligence anywhere in Broward, Palm Beach, or Miami-Dade County, our real estate closing attorneys are happy to walk through how any of this applies to your specific deal — consultations are free and confidential. The
Law Offices of Geil S. Bilu, P.A. has served as a real estate attorney in Sunrise, FL for over 20 years, representing buyers, sellers, and associations throughout Broward, Palm Beach, and Miami-Dade Counties, and these are exactly the kinds of legislative shifts we build into every title review and contract review.

This post is for general informational purposes and is not legal advice. Legislative summaries are based on publicly available bill text and legal commentary current as of publication; consult an attorney about how these changes apply to your specific situation.

Florida Condo Reserve Funding Changes

Law Offices of Geil S. Bilu, PA · August 1, 2026 ·

Florida Condo Reserve Funding Rules Just Changed. Here’s What It Means If You’re Buying or Selling.

If you’re under contract on a condo in Tamarac, Margate, Delray Beach, or Coral Springs this year, there’s a compliance deadline you need to know about — and it can affect your financing, your closing timeline, and whether a special assessment is waiting for you after you move in.

What changed with Florida’s condo reserve funding law?

Florida’s Structural Integrity Reserve Study (SIRS) requirements, enacted after the 2021 Surfside collapse, have moved from “planning phase” to “enforcement phase” in 2026. Associations were required to complete their structural inspections and identify what needs funding. That grace period has now closed. Boards must fully fund the structural reserve items their SIRS identified in their 2026 operating and reserve budgets — there is no more partial funding, and condo boards can no longer vote to waive or reduce reserves for structural components in buildings three stories or taller.

For buyers, this means the financial health of the association you’re buying into is no longer a “soft” question — it’s now a hard compliance requirement with real financing consequences.

Why does this matter for financing my condo purchase?

Because the two biggest mortgage buyers in the country changed their rules to match. Starting August 3, 2026, Fannie Mae will no longer accept “Baseline Funding” — a method that let associations keep reserves just above zero rather than fully funding them. Freddie Mac and FHA guidelines lean the same direction, generally expecting associations to allocate at least 10% of assessments toward reserves or demonstrate an equivalent funding ratio.

What this means in practice: if the association behind the unit you want to buy hasn’t adjusted its budget to meet full reserve funding, your lender may flag the building, apply a loan-level pricing adjustment, or in some cases decline to finance the unit at all. That’s not a problem you want to discover the week before closing.

What’s the $25,675 number I keep seeing?

Florida House Bill 913 raised the mandatory reserve component threshold — the dollar amount at which an association must maintain a dedicated reserve line item — from $10,000 to $25,000, with annual inflation adjustments starting in 2026. The state-set figure for 2026 is $25,675. In plain terms: associations now have to set aside dedicated reserves for a wider range of building components than before, closing a loophole that let some smaller-but-still-costly repairs go unfunded.

What should I actually check before I make an offer on a condo?

Before you get emotionally (or financially) attached to a unit, request:

The association’s most recent SIRS report and confirmation it was filed with the state’s public database
The current reserve funding schedule — specifically, whether it reflects full funding or is still transitioning off Baseline Funding
Board meeting minutes from the last 6-12 months for any discussion of upcoming special assessments
The association’s website compliance status — condo associations with 25 or more units are now required to maintain a compliant website, and a board that hasn’t handled this basic requirement is worth a closer look at everything else

Your closing attorney should be reviewing these documents as part of the estoppel and title process regardless, but the earlier you ask, the more negotiating room you have if something concerning turns up.

Does this affect sellers too?

Yes — in a different way. If you’re selling a condo in one of these markets, an association that’s behind on SIRS compliance or still using Baseline Funding can shrink your buyer pool, since lenders following the new Fannie Mae guidance may not finance units in non-compliant buildings. If your association hasn’t addressed this yet, it’s worth raising at the next board meeting before you list, not after you’re already under contract with a buyer whose loan gets flagged.

What does this mean for the closing process itself?

Nothing about the closing mechanics changes — but the due diligence window matters more than it used to. A title and closing review that used to be largely procedural now sometimes surfaces real financing risk if the association’s reserve status is unclear.

Building in time for your attorney to review reserve documentation before you’re locked into a hard closing date is the practical takeaway here.

Quick Reference: Key Dates & Numbers

Item	Detail
SIRS enforcement	Grace period ended; full funding of identified structural reserves now mandatory
HB 913 reserve threshold	Raised from $10,000 to $25,000; 2026 inflation-adjusted figure is $25,675
Fannie Mae Baseline Funding	No longer accepted starting August 3, 2026
Website compliance	Condo associations with 25+ units must maintain a compliant website
Waiver eligibility	Structural reserve components in buildings 3+ stories can no longer be waived

Frequently Asked Questions

Can a condo association still waive reserve funding entirely?

For structural components identified in a SIRS (buildings three stories or taller), no — that waiver option has been eliminated. Non-structural reserves may still have more flexibility depending on the association’s governing documents and a proper membership vote.

Will my mortgage fall through if the association isn’t compliant?

Not automatically, but it raises real risk. Lenders following Fannie Mae’s updated guidance may apply pricing adjustments or decline financing for units in associations that don’t meet reserve funding thresholds. This is worth confirming early, not at the closing table.

How do I find out if an association has completed its SIRS?

The state maintains a searchable public database of associations that have completed their Structural Integrity Reserve Study. Your closing attorney can also request this directly from the association as part of the estoppel process.

I’m buying in Tamarac/Margate — these have a lot of older 55+ condo communities. Does that change anything?

Older buildings are often exactly where SIRS findings identify the most significant structural reserve needs, since aging roofs, plumbing, and structural elements are more likely to require funding. It’s worth extra scrutiny on reserve documentation specifically in these communities, not less.

What’s a special assessment, and how does this law change my risk of one?

A special assessment is an additional, often lump-sum charge to unit owners to cover a shortfall — typically because reserves weren’t adequately funded for a needed repair. The intent behind full SIRS funding is to reduce surprise special assessments by requiring associations to save for known structural needs in advance, rather than assessing owners after a problem emerges.

Does this law apply to HOAs (single-family home communities) too, or just condos?

The SIRS and structural reserve mandates specifically target condominium associations under Chapter 718. HOAs governed by Chapter 720 have more flexibility and can still vote to waive or reduce reserves, though Fannie Mae and Freddie Mac’s underwriting guidance around reserve funding ratios can still apply to HOA-governed communities in some cases.

This article is provided for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Past results do not guarantee similar outcomes. Consult a licensed Florida attorney regarding your specific situation.

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3 Broward Real Estate Closing Traps That Catch Buyers and Sellers Off Guard

Law Offices of Geil S. Bilu, PA · June 11, 2026 ·

Most Broward County residents buy or sell a home only a few times in their lives. But a residential closing has enough moving parts to derail even a straightforward deal — and the issues that cause the most trouble are rarely the dramatic ones.

After more than 20 years handling closings and residential real estate transactions across Sunrise, Plantation, Weston, Fort Lauderdale, and the rest of Broward County, I see three issues come up repeatedly. None of them are unusual. All of them are expensive to overlook.

Trap 1: Title Insurance — Who Actually Pays in Broward County?

Florida regulates title insurance rates at the state level. The Florida Department of Financial Services sets title insurance premiums under Rule 69O-186.003 of the Florida Administrative Code.

So the rate is not negotiable. The payment responsibility is.

In Broward County, the question of who pays for the owner’s title insurance policy is not fixed by law — it is a matter of contract and local custom. That is a critical distinction.

In some Florida counties, the seller customarily pays. In others, the buyer does. In Broward, the contract language controls the outcome — and what you signed in your purchase agreement is what governs.

For sellers in Sunrise, Plantation, or Weston, this means reading the clause carefully before you sign. A single clause allocating the owner’s policy to the seller can shift thousands of dollars in closing costs, often without either party noticing.

For buyers, the same rule applies: do not assume “custom.” Confirm what your contract actually says.

Trap 2: Municipal Lien Searches in Broward Are a Multi-Channel Process

This is where Broward closings get genuinely complicated.

Broward County’s Building Code Services Division offers a formal code violation research process, including lien searches by email request and a published fee. That is the county-level channel.

But county-level searches alone are often not enough. Broward’s research process also includes separate contact channels for code enforcement and zoning lien searches — a clear signal that title and lien clearance in Broward routinely runs through multiple offices at once.

What this means for a Sunrise or Broward closing:

• A county-level search may miss a city-level violation

• A city-level search may not catch a county code or zoning issue

• Complete lien clearance typically requires verification across multiple jurisdictions

How Long Does a Broward Lien Search Take?

There is no single processing time that applies uniformly across Sunrise, Weston, Fort Lauderdale, and the rest of Broward County. Timelines vary based on which city the property is located in, the type of lien involved, whether an estoppel or payoff statement is required, and the current workload at the responding office.

For most Broward closings, the realistic planning window is several weeks — not several days.

Why Lien Issues Trip Up So Many Closings

Buyers and sellers often assume the title company handles everything. That is partly true — but a title company’s lien search is only as thorough as the channels it queries. If a Sunrise property has a code enforcement issue logged at the city level that does not appear in county records, the title search can pass while the lien still exists.

When working with a Broward real estate closing attorney, get clear answers about which jurisdictions are being searched — and which are not.

Trap 3: FIRPTA Withholding for Foreign Sellers

The Foreign Investment in Real Property Tax Act — FIRPTA — applies any time a foreign person sells U.S. real property. It is a federal withholding mechanism, and it surfaces regularly in South Florida closings.

The IRS treats FIRPTA withholding as the default. Exceptions exist, but they are limited.

The most common residential exception:

• Sale price of $300,000 or less, and

• Buyer intends to use the property as a primary residence

If both conditions are met, the buyer can generally claim the residence exception and avoid withholding — but the buyer’s intent must be documented, not simply assumed.

Once the sale price exceeds $300,000, the IRS withholding thresholds apply:

Sale Price	Withholding Rate
$300,001 – $1,000,000 (buyer’s residence)	10%
Over $1,000,000	15%

These thresholds catch sellers off guard in Sunrise and throughout Broward County, where home values routinely cross the $300,000 mark.

Why FIRPTA Is So Common in South Florida

South Florida has a large international ownership base. Foreign sellers — particularly from Latin America, Canada, and Europe — represent a meaningful share of Broward County residential transactions. When the seller is a foreign person and the buyer does not properly document the residence exception, withholding applies automatically.

Sellers can recover over-withheld funds through the IRS, but it takes time and adds significant friction to what should have been a clean closing.

If you are buying from a foreign seller anywhere in Broward County — Sunrise, Margate, Tamarac, Hollywood, or elsewhere — work with a Broward real estate closing attorney who handles FIRPTA documentation regularly. A small upfront investment prevents a complicated refund-recovery process later.

The Bottom Line for Broward Buyers and Sellers

These three traps have something in common: they are all routine in concept and detail-heavy in execution. They rarely show up as emergencies — they show up as avoidable costs that weren’t avoided.

The closing professional you choose matters. A Florida real estate attorney who regularly handles Sunrise and Broward County transactions will catch the title insurance clause, run lien searches across the right jurisdictions, and flag FIRPTA exposure before it becomes a problem — not after.

If you are planning a Broward County closing in 2026, get these questions answered before you sign your contract.

Contact the Law Offices of Geil S. Bilu, PA →

Geil S. Bilu, Esq. is a Florida real estate attorney with over 20 years of experience representing buyers, sellers, landlords, and investors across Broward County. The Law Offices of Geil S. Bilu, PA is headquartered in South Florida and focuses exclusively on real estate law.

Sources: Florida Department of Financial Services — Title Insurance Overview · Broward County Code Violation Research Packet · Broward County Code Violations Search · IRS FIRPTA Exceptions · IRS FIRPTA Internal Revenue Manual Guidance

Who Protects You at the Closing Table?

Law Offices of Geil S. Bilu, PA · June 3, 2026 ·

Why a real estate attorney isn’t just a title agent with more credentials — and why that difference matters more in 2026 than ever before.

For most families, a residential closing is one of the largest financial events of their lives. And in Broward County in 2026, it’s also one of the most technically layered. Two quiet developments this year — a more complex municipal lien environment and increased FIRPTA exposure on foreign-seller transactions — have made the question of who handles your closing more consequential than it used to be.

The good news: if the right professional is handling it, most of that complexity stays invisible to you. The question is whether your closing is being handled by someone who can give you legal advice — or only paperwork.

“A real estate attorney doesn’t just process your closing. They represent you.”

THE CLOSING LANDSCAPE HAS CHANGED

Two shifts have made the closing attorney’s role meaningfully more technical this year:

Layered municipal lien procedures. Broward’s lien environment runs through county and city channels that don’t always overlap. Comprehensive lien clearance requires navigating both — and that complexity has grown in 2026.
FIRPTA exposure. South Florida’s international ownership base means the federal withholding rule on sales by foreign persons applies more often here than in most U.S. markets. The documentation must be in place before closing — not after.

For buyers and sellers, the takeaway is this: the work behind a smooth closing has grown more technical, but most of it should happen behind the scenes. Whether it does depends on who’s handling it.

ATTORNEY VS. NON-ATTORNEY TITLE AGENT: WHAT’S THE DIFFERENCE?

Florida is a “title state” — meaning a non-attorney title agent can legally close a real estate transaction. Many do. But there is a meaningful legal distinction between what a licensed attorney can do for you and what a title agent can do, and it matters most precisely when something unusual surfaces.

Real Estate Attorney	Non-Attorney Title Agent
✓ Can provide legal advice	✗ Cannot provide legal advice
✓ Reviews & negotiates contracts	✗ Cannot advise on contract terms
✓ Represents your interests	✗ Facilitates the transaction only
✓ Handles FIRPTA & federal compliance	✗ Limited FIRPTA guidance
✓ Clears complex lien disputes	✗ Standard lien clearance only
✓ Advises on LLC/entity closings	✗ Refers out for legal complexity

The core difference: a title agent facilitates a transaction. A real estate attorney represents a client. That representation includes the ability to give legal advice, review your contract for terms that affect your interests, and counsel you when something unexpected arises — a title defect, a lien dispute, a question about the purchase agreement. A title agent, by law,
cannot do any of that.

WHAT YOUR CLOSING ATTORNEY IS DOING ON YOUR BEHALF

Behind the scenes of a well-run Broward closing, a substantial amount of work happens that buyers and sellers never see directly:

Reviewing the purchase contract for terms that affect the family — ideally before signing
Running lien clearance through county and city channels
Identifying and handling federal reporting obligations
Preparing, reviewing, and coordinating all closing documents
Confirming FIRPTA compliance when the seller is a foreign person
Conducting the closing and disbursing funds

For homeowners, much of this is invisible — and that’s the point. A well-run closing feels straightforward because the technical work has been handled by someone trained and licensed to do it.

CONVERSATIONS WORTH HAVING EARLY

A few topics are worth raising with your closing attorney before the contract is signed:

Bring your contract for review early. Early review gives the attorney room to flag
adjustments before you’re locked in.
Ask about lien clearance. What’s being checked, through which channels, and on
what timeline?
Raise FIRPTA if it applies. If your seller lives outside the United States, confirm what
documentation is being prepared and when.
Clarify who your day-to-day contact will be. Knowing who answers your questions makes the four-to-six-week contract-to-close window feel orderly.

“The best time to bring your contract to a closing attorney is before you sign it.”